Entry to Prevent Breach of the Peace

Common Law, Common Law Power

Warrant: No
Force: No
Notice: No

At common law, a constable may enter private premises to prevent or stop a breach of the peace. This common law power survived the enactment of PACE 1984 (see s.17(6) PACE which expressly preserves it) and applies when the constable has reasonable grounds to believe a breach of the peace is imminent or occurring.

Conditions

Constable must have reasonable grounds to believe a breach of the peace is occurring on or imminently about to occur on the premises
A breach of the peace involves actual or threatened harm to persons, or harm to property in the presence of a person who fears this

Limitations

The power at common law is more limited than PACE powers and is used in genuinely urgent situations
Cannot be used as a pretext for general searches
Thomas v Sawkins [1935] confirms the common law power to enter to prevent a breach of the peace

Last updated 1 April 2026